Nesika: The Voice of B.C. Indians -- Vol. 2 No. 1 (February 1973)

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Page Two

UBCIC Executive meets with Trudeau

By. BILL MUSSELL
UBCIC Executive Director

OTTAWA — A major reason for
no substantive response to the
Union’s Claim Based on Native
Title, formally presented to the’
Prime Minister in July, 1972, was
the bearing the decision on the
Nishga Case would have.

Because of the Nishga decision
and the land claims mandate given
to the’ Chiefs Council, the
Executive Committee decided on
_ February 2 that they must have a
- meeting with the government to

NESIKA

CLAIM BASED ON NATIVE TITLE

press for action. A progress report
on the work being done by. the
government had not been received.

Philip Paul, Chief Heber
Maitland, Chief Victor Adolph, the
Executive Committee of the Union,
met with the NDP caucus and with
the Conservatives.

At these meetings, held
separately, the need for action on
our land claims paper was
stressed.

MEETING WITH P.M.
Following the meetings with the
opposition parties, a meeting was

held with the Prime Minister who
had with him Indian Affairs
Minister Chretien, and Len
Marchand, parliamentary
secretary to Chretien. This
‘meeting was held on February 7.

When questioned about the
government’s position on
aboriginal rights, the Prime
Minister replied: ‘You probably
have more legal rights than I
thought you had when we did the
White Paper.”

His further remarks suggested:
that those (like the Nishgas) who

BASIC STAND ON ABORIGINAL TITLES .
Montreal conference sets out position

With all the recent news about
Indian land claims and aborginal
title, it may be worthwhile to
.consider what is consensus of
opinions of Canadian Indian
leaders on the question of Indian
land rights in Canada.

In September of 1971,
representatives from Indian
organizations across Canada met
in Montreal to formulate a stand on
the basic question of the loss of
Indian sovereignty over their land
and what they would like to see
done in the way of compensation.

The position paper which was
produced as a result of this
meeting follows, basically, the
same premises that the Union’s
submission to the federal
government took.

However, it does cover a broader.
subject in that it also takes into
account Indian treaties which, in
the view of the | Indian
representatives, did not. always
“meet adequate standards of!
fairness’.

That Indian people had complete
control and title of their tribal
lands before the coming. of the
whiteman is undeniable, according
the delegates.

EXPLICIT TITLE

‘ “Hach had absolute control over
the resources and products of its
land...the tribes had political

Decision turned
PM’s thinking ©

(Continued from Page 1)

p.m. George spelled out something
far from the defeat already
proclaimed in the earlier news
dispatches.

“The newspapers were shocked
to learn that the Nishga tribe didn’t
lose,”’ said the NIB head.

Clarifying the. position of. the

three judges against the Nishga.

claim, George explained that they
did not say that the Nishga had no
native title, rather they said that
European colonization
“automatically expropriated
Indian rights without
compensation.

“Also, I said that we might seek
international support — not, as
reported, go to the International
Court,’” the NIB president
emphasized.

Pointing out that before the
decision came on the Nishga case
Trudeau had stated that Indian
people have to negotiate, George
said: “I’m happy that the Prime
Minister now recognizes there is a
native title.

“T think the court decision really
turned the tide of Trudeau’s
thinking.”

George explained that the prime
minister had clarified native title

within the proclamation of 1763 by’

.. George III.
_ “But still Indian peoples have a
lot of work and consultations to do
for a united stand for what kind of
settlement they want,” the NIB
_ president. point out.

sovereignty. To Indian people their
title to their tribal lands was
explicit’ in this political
sovereignty.” ‘

Although the colonial. powers
recognized Indian rights to the
land by entering into treaties with
Indian peoples, these powers
gradually assumed political
control over the Indian inhabitants
and land. They applied their own
concepts of Indian rights which
imposed ‘“‘significant limitations
upon Indian sovereignty and
Indian territorial rights.”

Under British law, Indian land
title is known as a “‘usufructuary
right, a right to use and exploit all
the economic potential of the land
and the waters adjacent thereto,
including game, produce, minerals
and all other natural resources,
and water, riparian, foreshore and.
off-shore rights.” - .

This concept, according to the
Montreal conference, was an
“arbitrary: and self-serving action
of the colonial legal system ‘in so
far as it limited Indian rights as
they had been understood by the
Indian peoples.”’

The position paper on aboriginal
rights, after showing that the
colonial legal system recognized
limited Indian rights as
usufructuary rights, goes on to
mention the three ways. that
government has dealt with Indian
rights, both legally and illegally.

THREE WAYS
These are: (a) by treaty which

guaranteed certain protections of

and certain rights for Indian
people; (b) by ignoring the rules
of their. own legal system -and
settling without ‘proper dealings
with Indian people,” (c) and, in.
some cases where Indian people
still have or had, until very
recently, use and control of their
lands, the. government is
permitting gradual interference
“without first recognizing and
dealing with Indian title.’

FEDERAL RESPONSIBILITY .

Once the federal government
recognizes its responsibility to deal
with aboriginal title, it necessitates
the following: an obligation to deal
with Indian claims in non-treaty
areas of the country.

Need political settlement now

(Continued from Page D

sent a delegation to Ottawa to
press for settlement of their land
claims.

CHANGE NEEDED

Speaking from his home reserve
of Sucker Creek Alberta, Harold
Cardinal, president of the Indian
Association of Alberta, called the
decision ‘‘immoral’’ and said,
“until the legal system is changed
to handle these types of claims and
settlements for Indians, we will
always end up on the short end of
the stick.”

The Yukon Native Brotherhood
sent representatives to Ottawa to
present their land claims within
two weeks of the Supreme Court
decision.

Victor Adolph, member of the.
Union’s executive committee,
noting that Trudeau had said that
the government could not
comment on the Union’s land
claims presentation until a
decision had been handed down on
the Nishga case, said that. the
“time has come” to discuss the
Union’s presentation.

Calder has indicated that the
Nishga Tribel Council are now
asking for a political rather than a
legal settlement.

‘We are through with the courts
and are now asking the highest
tribunal in the land the
government to make a
decision,’ Calder said after his
meeting. wirh Trudeau and Jean
Chretien, Minister of Indian
Affairs and Northern
Development.

UNION POSITION
The Union, which has been

_ asking for a political settlement all

along, want the qtestion of
aboriginal rights raised on- the ~
floor of the House of Commons.

Representatives of the Union
who met with Trudeau have
indicated that they have received
assurances of. support from
opposition party members.

Both BC Indian delegations in
Ottawa were pleased with their
meetings with Trudeau and the
fact that Trudeau has modified his’
views on aboriginal rights.

However, speaking in the House
of Commons on February 8,
Trudeau said that his
government’s position on existing
aboriginal rights has not really
been affected.

He emphasized that the court
decision suggested that non-treaty
Indian and Eskimo people may
have more legal rights to the land,
not-necessarily aboriginal rights.

The prime minister also
indicated that he has asked the
justice department to study the
reasons for the judgement to
determine what rights the Indian
people may have.

But he refused to refer the
question to a parliamentary
committee when requested to do so
by members of the NDP and
Conservative parties.

didn’t sign treaties-have a legal
claim. He made reference to the
Supreme Court decision on the
Nishga Case on which the decision
respecting aboriginal rights was
split 3-3.

The Prime Minister said that
because.the Union’s Claim Based
on Native Title is still being
studied, he could not give a specific
response. He informed the
Executive Committee that work on
the paper is being done by the
Minister of Justice, Otto Lang, and
the Minister of Indian Affairs.

“A definite position in writing on
our land claims is needed from
each of the political parties,’’ one
Executive member stated.

PARLIAMENT TO ACT
During later discussions on these

‘meetings, Chief Maitland observed

that the meeting with Trudeau was
the most constructive one we have
ever had in our history.

“The Prime Minister does
appear to recognize the need for
negotiation and consultation with
those areas not under treaty,” said
Chief Maitland. ~

In view of the court’s decision on
the Nishga case, it appears evident

: February, 1973

that the outstanding claim
presented by the Union must be
resolved by the Parliament of
Canada.

“The government of Canada has
a definite responsibility to the B.C:
Indian people to respond to our
submission to delineate a course of
action aimed at resolving this
outstanding matter. The answer
we got from the Prime Minister is
not sufficient. We will actively
pursue this important question,’’
said Philip Paul stated.

DOORS PARTLY OPEN

As far as land claims for non-
treaty areas go, the door of the
government is partially open. It
needs to be opened wider. :

The Executive Committee was
accompanied to Ottawa by George
Watts, Chiefs Council. member
from the West Coast District, and
Bill Mussell, the Union’s Executive
Director.

At the meetings with the various
party leaders, the Union’s
delegation was accompanied by
George Manuel, NIB president;
Doug Sanders, NIB legal adviser;
and James Deacey, NIB press
man. ‘ ;

Special assembly for revision of
‘Indian Act called by Union

VANCOUVER (Staff) — Leading
the discussions of the February
meeting of the Chiefs’ Council was
the decision to hold a Special
General Assembly or Chiefs
Conference this spring. .

The need for the special
assembly has arisen since the
National Indian Brotherhood has
taken on the job of having a new,

revised Indian “Act ready in’ six”

months. - S

In order that individual bands
may make their thoughts and
opinions known, the Council has
decided to call the special
assembly which will be held in
Penticton on April 2, 3 and 4.

Council agreed that individual
bands be-urged to thoroughly
review the Indian Act. and
regulations of the Act to prepare
for the up-coming assembly.

BCNITA BUDGET

At the same meeting, the council
agreed to support the B.C. Native
Indian Teachers’ Association
budget request for the Indian
Education Resources Centre at
UBC.

Council members voted to

-Support the Sechelt Indian band’s

submission concerning the B.C.
Home Acquisitions Grant.

The submission to the provincial
government asks that the
provincial home acquisition act be
amended to include Indian people
living on reserve lands.

Under the present act, persons
buying a new home may receive up
to $1,000.00 grant and a $5,000.00
second mortgage and persons
buying older homes may receive a
$500.00 grant and up to a $2,500.00

‘second mortgage. However, Indian

people living on reserve lands are
not eligible for this assistance.
Other housing matters discussed
at the council meeting included the
National Indian Brotherhood
Conference in March which will
deal with the problem and Indian
housing and what NIB might be
able to do in the future to solve the

Indian housing problems.

UNION OF B.C. INDIAN CHIEFS

Notice of Special General Assembly

Your Chiefs Council has called for a special General Assembly to
be held in the first week of April. 1973, to deal with matters
related to Land Claims and the Indian Act.

Please.see your chiefs for further details.

W. J. MUSSELL
Executive Director

The Union’s delegates to this
conference will be Victor Adolph
and Robert Pasco.

HOUSING COMMITTEE
Council also agreed to form. a

committee on Indian housing.

In regard to the current news
stories on tribal dancing, members
present at the meeting agreed that
since such dancing was a local

“nattet, ‘no position would‘be taken,

by ‘the Union and that-all inquiries

should’ be directed to the local

bands involved.

Philip Paul presented the
meeting with five recommend-
ations concerning the special
ARDA agreement and after some
discussion, council voted to
support Paul’s recommendations.

These recommendations are:
—that Indian people be involved in

the directorship of any proposed

commercial or primary
producing development as a
condition of non-Indian
applications to the Special ARDA
program and the Indian
involvement be determined by
the size of grant approved.

—that provisions be made in the
Special ARDA agreement so that
Indian bands located near large
metropolitan centres may be
eligible for grants.

—that applications from non-
Indian people must be
accompanied by written
approval of the Indian bands

. whose members will be
employed ‘as a result of the
grant. .

—that when applications by non-
Indians’. are approved, a real
guarantee that Indian people will
be employed be included in the
conditions of the grant. ,

that at least one Indian person be
employed to publicize the ARDA
program and assist in processing
applications.

COUNCIL NOT SATISFIED
Council members expressed

their dissatisfaction with the way

that the federal government
changed Order-in-Council PC1954-

1367 (September 17, 19754) which

deals with regulations governing

band council elections. .
Further discussions centred

around the executive meetings in

Ottawa on native title and

-additional types of information the

Union might require to pursue
their land claims.

On the question of land issues,
the meeting also-..decided to
investigate ways and means of
funding central research facilities
to study such issues: a

Page Four

N ES 1 K A

a a

February, 1973 ::

(Continued from Page 1)
through negotiation of tacking this
problem,” the PM continued.
INDIAN STATUS

Trudeau further congratulated
the brotherhood on suggesting a
way to determine who is and who is
not an Indian, noting that the
approach is stated “very clearly.”

“The idea of a quarter or more of
Yukon native blood, I think, is a
very positive and constructive
effort — and a difficult one — to
resolve a problem which I think
many other Indian groups and
associations in Canada haven’t
solved for themselves and,
needless to say, we haven’t solved
either.

“But I think that the courage you
show by taking a clear-minded
position on such a difficult question

_Jead me to believe that every. part
of your brief deserves a thorough

study and quick action,” the prime
minister continued.

On the suggestion to form
negotiating committees, the prime
minister said: “I can certainly
agree to do what you
suggest.:.The minister (Jean
Chretien) hasn’t yet advised me on
the details of such a committee and
what the best way would be to set it
up in composition, or whether it
should be now. part of the Claims
Commission or something on its
own, or what.”

COMMONS ASKS PM

Trudeau said that he had been
asked in the Commons when
Minister Chretien would be back.
with a position paper for the

. government.

The prime minister said he told
members that the Commons
“cannot realistically expect it
before two months, but soon after

Indian people want share
‘in northern development

(Continued from Page 1)
tomorrow’s settlement,’’ added
Chief Smith.

The chief said that the plan, will
cost Canada much less than the
cost of continued government
‘program for Indian people.

Chief Smith declared that “the
only way Yukon Indians can have a
future is to settle their land claim.”

BEFORE 1941

There was no need for settlement.
until 1941, the chief noted.

But in the next 30 years white
men came to live on the land, and
much of the land in use is now
covered with mineral claims, oil
and gas have lead to talks about
pipelines, said the chief. .

He observed that all this will go
on till nothing is left for use of
Indian people.

The chief said that their position
paper states how Indian people
want to- share in northern
development.

“We must be a part of that
development and not just get a job
cutting the right of way of the
roads,”’ he said. .

“When we have control of our
lands, of our own bank accounts,
and of our own program, then we
will be able to really participate,”
continued Chief Smith.

The brotherhood president said
that Yukon Indians want a future
that will return love, pride, self-
respect and independence to the
people.

“We know now what our needs
are. We are only asking for the
government to listen to us,’’ he
said. -

“We want land and resources so
we can develop ourselves.

“We do not want to be developed
by Indian Affairs or anyone else.
We want the chance to develop
programs that will help solve the
problems of today and prepare a
future for our children,” added
Chief Smith. 3 .

Present during the presentation
were all chiefs of all 12 tribes in the

ukon:

Chief Peter Lucas, Mayo; Chief
Ray Jackson, Champagne; Chief
Johnny Smith, Whitehorse; Chief
Dixon Lutz, Upper Liard, North
Pole;

Chief Sam Johnston, Teslin;
Chief Clifford. McLeod, Ross
River; Chief Percy Henry, Dawson

City; Chief Danny Joe, Pelly
- Crossing;
Chief George Billy,

Carmacks;Chief Danny Johnson,
Car Cross; Chief and Magistrate in
the Yukon Charlie Abel, Old Crow;
and Chief Jimmy Enoch,-Kluanee.

Yukon presentation wins PM’s praise

we hope to have a position to put
before the Indian people and the
Parliament of Canada.”

Speaking briefly, Indian Affairs
and’ Northern Development
Minister Chretien affirmed that
“the government has no
preconceived ideas and never tried
to impose anything on the
Indians.”’ - :

The minister said he looks
forward

to negotiating a
settlement with the Yukon Indian
chiefs," adding that their

presentation is “‘very interesting
and positive.”

The presentation was marked
appropriately enough for
Valentine’s Day with a general
tone of goodwill on both sides.

NEW ATTITUDE

Trudeau at some points evoked
laughter as when he reminded
those present that ‘We have said
that we have learned to changed
since 1969.” 8

The government has learned a,
great deal in the past three or two
years of discussions, he said, and it
must be granted that Chretien had
been ‘‘very open and free” in
discussions with Indians and
Eskimos.

Commenting on Chief Elijah
Smith’s statement that Yukon
natives do not want to be developed
by Indian Affairs, Trudeau

. replied: ‘‘You are saying exactly

what Mr. Chretien has been saying
in behalf of the government.”
Stating that “there is no great
distance between us” on principle,
the PM said that what.is needed
now is working out the principle in
practice and this will be done in the
particular case of the Yukon.

HISTORIC OCCASION

Indian Claims Commissioner
Lloyd Barber, presiding over the
presentation, called the occasion
“historic” and expressed hope that
the Yukon natives’ position paper
will be widely discussed, that “a
new direction can be established.”

Barber earlier defined his role to
“consult with duly constituted
representatives of Indian people to
attempt to ascertain the nature of
Indian claims and grievances” and
“suggest to the government
methods of redressing Indian
grievances.”

On hand also were MP Wally
Firth, DIAND Deputy Minister
Robinson, Len Marchand, Senator
Guy Williams, the PM’s assistant
C. Martin O’Connell.

YUKON LAND CLAIMS

“This settlement is for ou

The Yukon Native Brotherhood
is presenting to the Government of
Canada this Statement of our
Grievances, and our suggestion
about a Settlement on behalf of the
Yukon Indian people:

This Settlement is. for’ our
children, and our children’s
children, for many generations to
come.

The cornerstone of
Settlement is land.

—Land required will be identified
and used for burial - ground,
cemeteries; historical - and
traditional village sites, fish.

the

camps, others; location of
population centres and
municipal services; areas for
economic development;
trapping, hunting and fishing
cabin sites.

—Indian persons living on lands -

under this Settlement are
exempt from taxation on
earnings on these lands for 25
years from date of Settlement.

—Government. will pay health
services cost, including
Medicare, for all persons eligible
under this Settlement for 25
years.

YNB “invalid”

WHITEHORSE, Y.T. — During ,
its first annual general assembly
the Yukon Association of Non-
Status Indians unanimously passed -
1resolution for a review of the land
‘aim recently presented by the
Yuken Native Brotherhood to
rime Minister Trudeau.

The —_—association’s legal
consultant was instructed to
orepare a brief at once in response

- the submission by the
wrotherhood. :
Joe Jacquot, association:

wesident, is reported unopposed to
he YNB position paper but

Says non-status

questioned his exclusion from its
writing.

Association director Géorge Asp,,

a former president, called the YNB
paper “invalid.”
' Asp said that the Prime Minister
insulted half of the Yukon Indian
people by his acceptance of the
YNB paper. !
He warned.that separate claims
from the association and the

brotherhood would weaken the
Indian bargaining position for a.

settlement, and ““YNB will do the
bargaining while YANSI will be

getting in on the insignificant

fringe things.”

r children”

—Land selected by Indian people.
will be held by the Queen in.
perpetuity, and a municipality
will be set up under the Yukon
Territory Municipal Ordinance.

—Urban Corporations will be set
up for Indian people’ who
migrate.

(Continued on Page 5)
See RESOURCE

Spallumcheen Band

elects “first lady”

ENDERBY — Rosalind Leon
became the first women to be
elected chief by the
Spallumcheen Indian Band
when, she defeated Romeo Joe
in the February band elections.

The new council members are
Ray Williams, Leonard
Edwards and Gerald Williams.

Chief acclaimed

WINDERMERE — Chief Wilfred .
Teneese was re-elected by
acclamation in the recent
Columbia Lake Band elections.

Of four nominees for councillors
— Alice White, Kathryn Teneese,
Alfred Joseph and William Stevens
— Ms. Teneese and Mr. Joseph
were elected.

| Education appointments

for two Indian people

H. FERGUSSON

VANCOUVER. (Staff — Two
B.C. Indian people were given

positions on post-secondary
educational institutions: in
February.

_ In Victoria, Philip Paul, a
member of the Union’s executive
committee and member of the
Tsartlip band was appointed for a
three year term to the University
of Victoria senate.

The senate of a university is a
general governing body which has
the final say on general academic
matters and curriculum. Also, the
senate makes recommendations on
such matters as enrolment

requirements and” campus
buildings to the Board of
Governors.

‘In Vancouver, Mrs. Hattie
Fergusson was appointed fora one-

PHILIP PAUL

year term to the Vancouver City
College. which is the governing
body of the college responsible for
management and administration
of the property, business and
equipment of the college, including
all financial and academic
matters,

Mrs. Fergusson is well-known
for her work in the promotion of
Indian art and culture. She is
active in-the Northwest Cultural
Society and in the B.C. Native
Women’s Society.

In an interview, Mrs. Fergusson
said that she’ would welcome
suggestions and direction from
Indian people in her new role as
member of the council.

Both appointments were made -
by provincial government order-in-
council.

Awards honour memory
of late Kwakiutl chief

VICTORIA (Staff) — A total of

ten financial awards were: made.
from. the Mungo Martin Memorial’

Fund in February.

The Fund, which is raised by
public subscription under the
sponsorship of the B.C. Indian Arts
and Welfare Society of Victoria,
was established to commemorate
the late Mungo Martin who was a
Kwakiutl chief, artist, philosopher
and carver. -

Chief Martin did much to revive
appreciation of the Northwest
Coast Indian art and culture and
won public recognition for his work
far beyond the boundaries of B.C.

Awards of between normally
$50.00 and $300.00. are givea to
Indian people to further their
education, vocational training,
skills and competence in arts,
handicrafts and other worthy
endeavours.

While age and circumstances of
qualifying candidates vary
considerably, preference is given
to young people.

A board of trustees appointed by
the Society administers the fund
_and is responsible for deciding the
amounts of the awards and the
recipients.

In making the awards the
trustees give special consideration
to applicants who do créative work
to further ‘the artistic heritage of
the Indian peoples, whether it be in

- painting, carving, music, dancing,

folklore or language. Indian people
wishing to further their general
education are also considered:

Band office closed

WESTBANK — The Indian Band
Council Office was closed
temporary on February 15 due to
lack of administrative funds.

Chief Noll Derriksan said. that
offices will remain closed until
April when the 1973-74 budget funds
are received.

Derriksan, who had _ been
working for a month without
salary, said that the 1973

administrative budget had been

’ cut. from $20,000 to $16,000, the

balance of which was received in
late January.

The band has asked for $27,500 for
the next year’s budget.

Applications. should be made on
.forms provided by the Board. of
Trustees and may be mailed at any

time for consideration at the spring

and late summer meetings of the
Board to: The Board of Trustees,
c/o Mrs. H. Esselmont, Chairman,
3190 Rutledge St., Victoria, B.C.
Applicants must be of of Indian
racial background and living in
B.C. at the time of applying.
People who receive the Mungo
Martin Award may apply for a
further award in later years.
Recipients of the spring ’73
awards are: Thomas Joseph, Jr. of
the Nitinaht Band; Noreen Turley
of the Kwakiutl tribe; Frances
Hassett, Kwakiutl; Barbara Wyss,
Squamish; Ted Wilson, Tsimsyan;
Ben Cardinal, Cree-Metis; Alfred
Eli, Westbank; Vincent Worme,
Poorman; Charles McCallum,
Cree-Metis, and Ardyth Cooper of
the Sooke Band.
' These awards range from $75.00
to $150.00 and cover such matters _
as tuition fees, art courses and art

= supplies.

Judge named
to investigate

KAMLOOPS — Dates have been
set for the inquiry into the
Kamloops Indian Band elections
dispute.

March 14 to 16 were set aside as
the date of the inquiry by
Provincial Court Judge Stuart van
Male who was appointed by Indian

Affairs Minister Jean Chretien to
investigate the alleged:
irregularities.
' A sit-in conducted by members
of the Kamloops band who
protested the decision to set aside
the election results ended on
february 16 when Chretien
promised to conduct a hearing into
the election.

The controversy started after
supporters of former chief Gus
Gottfriedson, who lost the
December 23 election by three
votes, claimed that 11 voters did
not meet residency requirements
for the band elections.

Shown are’ some of the nominees forthe Lytton Sardis. Staff members of UBCIC and local officials

Indian Band Council who attended a two-day were on for discussions of housing, unemployment,

workshop on local government set up by the Band.

The workshop was held at the Coqualeetza Project,

and other problems facing local band governments.

(Staff Photo).

EDITORIAL REPRINTS

- Who's Afraid of Aboriginal Rights?

“[Editor’s note: This is a reprint
of an editorial which appeared in
the February 16 issue of the
Vancouver PROVINCE.]

The fastest political
“chickenout” in years was
achieved by the federal

government when it abandoned
Justice Minister Otto Lang’s idea
of referring the aboriginal rights
issue to the Supreme Court of
Canada.

Now, it seems, the government
will lead Canada’s peoples down
the path of political negotiation to
decide compensation’ for . losses
suffered by non-treaty Indians as
the result of the. settlement of
Canada by white man. ,

Prime Minister Trudeau seems
to have impressed Indian leaders
with the clear indication that
Ottawa will recognize “legal”
rights of Indians in negotiations
such as those announced for Yukon
Indian claims.

As to whether the Supreme Court

of Canada would discover the
existence of broader “aboriginal
rights’, well, Mr. Trudeau doesn’t
think that’s. necessary.

The prime minister’s reluctance
to refer the issue to the full
Supreme Court could be attributed
by cynics to fear that the Indians
might win. The narrow 4-3 decision
of the court this month against the
Nishga tribe’s claim based on
aboriginal rights in the Nass
Valley showed how close the issue
is. That case was lost on a
technicality, not ‘on the substance
of the issue,

Of course, there’s a risk the full
court would decide there are no
aboriginal rights. in Canada. But
since Ottawa will recognize some
“legal” rights apart from
aboriginal rights, the Indians
wouldn’t appear to be risking as
much as Ottawa in a Supreme
Court reference. There would be
negotiations for compensation in
any case.

Against a background of
uncertainty on the aboriginal
rights issue, Ottawa would appear
to. have the upper hand in
negotiations. By sticking to the
strict specifics of each claim, it can
use the divide-and-conquer
strategy to maximum effect.

It’s. often overlooked that
provincial governments have the
right to ask provincial Supreme
Courts for opinions on’such issues.
Since the B.C. government has
more than an academic interest in
the issue — it was the defendant in
the Nishga case — maybe Premier
Barrett’s curiosity about
aboriginal rights is greater than
Prime Minister Trudeau’s.

A request for the B.C.
government to refer the question to
the B.C. Supreme Court is
something for the Indians to
consider, particularly if they
should find Ottawa’s “political
settlement’’ avenue looking like a
detour.

A Neglected Principle

From the GLOBE AND MAIL,
January 29, 1973

[Editor’s note: Nick Sibbeston,
part Indian, .in criticizing the
amount of native broddcasting on
the CBC’s Mackenzie Network,
was involved in a heated exchange
with CBC vice-president Marcel
Oimet Ouimet. At one point
Sibbeston, the elected member of
the NWT Council for Mackenzie-

Liard, spoke in Slavey to which _

Ouimet replied in French.
Sibbeston then spoke in French and
challenged Ouimet to reply in
Slavey.]

Any attempt to define the role of
the Canadian Broadcasting Corp.
would-have to acknowledge, as its
basic element, the provision of
service to remote areas. Indians,

Eskimos, Metis and whites in the
Canadian North rely heavily on the
CBC for that vital link with the rest
of the country, and if it is weak or
missing altogether, it is an
indictment of the whole CBC
operation.

The bitterness of the clash last
week between CBC vice-president
Marcel Ouimet and Nick Sibbeston
of the Northwest Territorial
Council, showed ‘that. public
broadcasting has failed to spread a
blanket of contentment over the
North. Mr. Sibbeston saw the CBC
as a white man’s system and
protested that not a single minute
of Slavey tongue was heard on
station CFYK in a normal week.

Mr. Ouimet’s feeble response
was that Rome wasn’t built in a

day and that radio would have
expanded more repidly had it not
been for the growth of television.
Maybe, however, the real clue to
the CBC attitude in the Mackenzie
Network area was provided by
Gordon Frederick, who defended
the lack of Slavey by saying 70 per
cent of the Slavey Indians in the
area spoke English. Mr. Frederick
stated, ‘“My responsibility is to the
bulk of my listeners, not to the
segragated groups.”

This is an interesting deviation
from the general principle of

catering to minorities. The CBC .

salutes it in the form of French
language broadcasts in many parts
of the country. Why should the
view be different in Yellowknife?

Calder reminds MLA’s that Indian
people are B.C. citizens too

VICTORIA .— Frank Calder;~

minister without portfolio, chided
.the B.C. legislature for having a
“parochial outlook and feeling that
whatever is done in B.C. is quite
different and ahead of other
provinces.”

' Speaking in the legislature in
mid-February, Calder said that he
had the feeling that in B.C. ‘‘there
has been the inference that this
provincial government is being
generous in assigning me... to
study what could be done for native

people as though it were something
which has not been done
elsewhere.”’

He mentioned several projects
being carried out in ‘other
provinces and by Indian Affairs to
show that B.C. is not the first or
only province to consider the
problems of native people.

“My advice to you,” Calder told
the house, “is that you should be
aware that all native people in B,C.
are citizens who pay all taxes
except the provincial land tax and,

therefore, are people who
contribute to all services which are
provided under legislation put
through this.House.”’

“In supporting such services to
native people and making them
freely available, you are merely

opening your minds to the needs of -

your constituents — all of them,”
the minister without portfolio told
the assembly.

In the same speech Calder also
‘made a plea for action on the part
of the Department of Education to
preserve Indian languages.

~ Workshop on local government :

Page. Five

~ for Lytton Council nominees

By ARNOLD EARL

SARDIS — With the theme “To
build a cohesive band council
through communications,’’ the
Lytton Indian Band held a two-day
workshop on local government on
February 17 and 18.

The workshop, held at the

- Coqualeetza Project, had guest

speakers that included Bill
Mussell, UBCIC Executive
Director; Alderman Harry Rankin
of Vanocuver; MLA Bill Hartley;
Chilliwack Mayor Allan Holder;
Gordon Antoine and Andrew
Charles of the UBCIC staff.

Chief Victor Adolph of the
Fountain Indian Band and Chief
Adam Eneas of the Penticton
Indian Band were also on hand to

share théir administrative
experiences with workshop
participants.

Wally Erdkimoff from Cariboo
College discussed decision making
and effective follow-through.

Alderman Rankin emphasized
the need for band chiefs and
councillors to be paid enough so
that they can put full time to their
jobs.

Rankin said he objects to having
an agenda for meetings; he urged
that people should attend meetings
and back members of the band
council.

Chief Eneas said that the
Penticton band holds weekly

meetings and each lasts about
three hours.

_ Eneas said he is also the band
manager; the three band
councillors are each a member of a
band committee.

Eneas and Chief Adolph
discussed opportunities in
development with band
administration.

Chilliwack Mayor Holder pointed
out that “responsibilities are more
important than duties.”

The mayor explained that it is up ©
to an elected person to look after
the community.

“It is not laid down that you have
to do this, but if you don’t you won’t
be in office long. You may make a
mistake, but you must get
something done,” said the mayor.

The workshop, set up for the

-nominees for chief and council of
the Lytton Indian Band, took up

‘how council deals with welfare,

housing, employment, and money,
and how to set up plans.

In planning, workshop
participants were told that the
council had to carry out a self-
evaluation and then set short-term
and long-term goals.

Plans would also anticipate
obstacles and their solutions, set
up target dates for completion of

-programs and projects, and then

an assessment of the value of
programs and projects.

A second workshop is planned in
March.

Resource production basis
of royalty payments — YNB

(Continued from Page 4)

—Leases of Indian land to non-
Indians must not be more than 25
years. :

—A temporary land freeze on all
unoccupied, unalienated. Crown
lands to allow selection, survey,
and transfer to Indian people.

—Representation on all Yukon
land development and control

_ agencies.

—Control of waters within lands
received under this settlement;
access to all rivers, streams, and
lakes which are part of Indian
lands; right to hunt, fish, and
trap to all waters.

MUST PROTECT CARIBOU

We do not lay claim to Herschel
Island, or the lands drained by
streams running north into the
‘Arctic Ocean; this land was
traditionally occupied and used by
the Eskimo people.

But these lands are the calving
grounds of our caribou. Protection
of the caribou must be part of any
Yukon settlement.

ee ee ee ee

The payment. of monies based on

‘resource production is the only fair-

way by which we can participate in

the development of the Yukon. It

will then be in our best interest to
encourage development:

—Require payment of 15% of all
revenue collected by federal and
territorial governments from
commercial hunting industry.

—Royalty payments in perpetuity: .

1. A percentage of the gross value
of all gas, oul and mineral
production. must be paid to the
Yukon Indian. General Council
each year.

2, A royalty payment based on all
revenue received by federal and
territorial governments based on
wood and forest production.

If the government meets our
land and royalty demands, we will
require a Cash Settlement over 40
years with interest annually.

We ask the government to
immediately set up a Negotiating
Committee who will study this
paper and draw up the framework
for the necessary legislation.

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NES I|KA

HESQUIAT BAND CULTURAL CENTRE

Lack of funds hit by Chief Rocky Amos

VANCOUVER (Staff) — After
Indian Affairs had denied a request
for funds for the Hesquiat Cultural
Centre due to lack of funds, Band
Chief Rocky Amos told the
department that ‘‘we cannot
accept the limitation of funds as
valid.” ,

Pointing to the $10 million
available to a museum to house
Indian artifacts at UBC and to

other reports of funds granted for

more white people to study
Indians, Chief amos wrote DIA:

“It is difficult to follow the line of
thinking that makes money
available to exhibit our inheritance
to city based people and when the
rightful heirs to these very
artifacts ask for assistance to
house ‘their history in an area
where it will be meaningful . to
them, they are denied.

“We of the Hesquiat Band are
not unique and we have proven we
can do it. Now we are made to
crawl on our stomachs begging for
funds to house our heritage. My

pride is aching from begging but
my pride also screams in agony
when our people are forced into
whitemen’s museums to see their
inheritance.”

The department, through its
Cultural/Education Centres
Programme Acting Secretary, T.
F. Glynn, noted that another
drawback to granting funds is that
the centre is an “individual Band
endeavour.”

Chief Amos replied that ‘‘we feel
our centre can be accepted even
though it may appear at this stage
to. be an. individual band
endeavour.”

EXTENSIVE STUDIES

The chief cited provincial
authorities’ advice that the band
probably has one of the most
extensive west coast studies, and
provincial museum staff’s opinion
that the band has enough in
archaeological discoveries,
language, stories, and history
tapings to warrant immediate

building of a museum/archives.

The Hesquiat chief pointed out
that to store the material in the
provincial museum ‘“‘defeats the
whole purpose of our programme.”

He said the band’s role is ‘‘to
break new ground culture-wise”’
and reported that the band has
received enquiries from other B.C.

_ areas and from the USA about the

centre.

Chief Amos drew attention to
language lessons already prepared
for pre-school children in Hesquiat
dialect of central Nootka
language; he said these lessons
can eventually be adapted very
easily to other west coast dialects.

“Rather than impose our
programme on other groups, we
are advising others of what we are
doing and letting their involvement
evolve,”’ said the Hesquiat chief.

He also reminded the
department that the band’s
linguistic programme is on the
verge of closing due to lack of

funds.

Editor’s Note: The following
article, written by a member of the
Hesquiat Band, expresses the.
feelings about structures such as
the museum to be built at UBC to
house Indian artifacts.

In the basement storage of the
University of British Columbia sits
a collection of Northwest Coast
Indian art unsurpassed anywhere
else in the world.

Ancient carvings and art. work,
collected. over many years, . is
presently sitting in a basement

_until such time as a proper

museum can be built in the city of
Vancouver to house’ these
treasures.

MANY QUESTIONS

-I find myself asking many
questions, not only about the whole
concept of city museums but also
about the ‘‘collecting’ of our
heritage.

I have seen Indian artifacts in
museums but I have never seen
anything saying who did the.
carving, what family owns the
crests and stories, or who obtained
the work of art; nor have I ever
seen or heard anything to the effect

* that anybody bought and paid for

the art on display.

I have-seen places in the Queen
Charlottes where. ancient totem
poles have been cut off at the base
with a power saw, dragged to the
sea, and towed behind a tug
through salt water to be
“relocated.”

I have seen groups of Indian

children escorted through
government-run museums; small
brown children under the watchful
eyes of white museum guards,
looking at glass cases in which lie
the history of their people. A
history suddenly made odd,
different, and strangley foreign

Allan Stager new chief

of Mt. Currie Band -

MOUNT CURRIE. (Staff). —
Over 200 voters turned out January
29 to select the new council for
Mount Currie Indian Band.

Allan Stager was elected chief,
defeating former chief Adam
James and John Williams.

Indicating keen intérest in band.
affairs, a total of 20 people ran for
the eight councillor ‘positions. -

The eight who topped the polls

and now are band councillors are: -

‘Felicity Nelson, Joe Joseph, Leo

Nelson; Harold: Gabriel, Leonard . -

Andrew; Angus Jones, Albert
Nelson and Gerald Peters.-
Out of 274 eligible voters 210 or

_ 76% cast ballots in the election.

because it is lying in a glass case in
a white man’s museum.
YOUNG EYES

I have seen questions in young
eyes that I cannot answer!

Who ever asked for permission to
remove our heritage and place it in
glass cases?

Why can our past be stolen and
placed on public display without so
much.as the name of the family
who, in all morality, still owns it,
being also displayed. f

“Why are there no funds for:

museums for US?

The cities of this nation are
whiteman’s cities, built to house
white dreams, built to express

- white ideals. They are not built for

us, nor do we feel at home in smoke
and noise, walking on cement
instead of grass or sand.

Why then take our nature-
oriented past and put it in a foreign
environment thus falsifying and
demeaning it?

Our art and our culture, our .

history and our heritage belongs
with us, the grandchildren of the
people. who produced it! It does not
belong in a multi-million dollar
stone monument to the whiteman’s
benevolent rape of our religion!

NO RETURNING

Much of what has been stolen can
never be returned to us; it has been
lost. When it was ours it was
cherished, protected, and safe.
Then it got stolen. Put into
basement, attics, and closets, and
eventually lost.

Iam not so simple-minded as to
suggest they give it back to us!
They don’t even know what tribe,
band, or family it really belongs to,
they never bothered to ask at the
time it was stolen. So they can’t
give it back; they don’t know
where it came from.

But I do suggest the time has
come to fight any suggestion that
they get anything else! the day of
quiet acceptance of their
ethnocentric selfishness is past.
What is ours must remain ours. .

To protect it, to guard it and
store it, we want our own
museums. We want them on Indian
land, with Indian curators -and
Indian guides so our children can
walk proudly among the examples
of their heritage and not have to
tip-toe behind a. white.man ina
uniform who is supposed to explain
to them what the crests represent;

how can he explain when he doesn’t

know a phratry from a clan?!
MONEY. FOR BOAT

There is money to fund a boat to
take: archaeology students up and
down our coastline to dig up the
bones of our grandfathers and sift,

sort, and label sacred objects from.
our burial grounds, but no money
for us to treat our heritage with the
dignity it.deserves?

We had a civilization and culture
rivalled only by that of our cousins
the Aztecs! We knew the word
“democracy” when. the. Greeks
still hadn’t figured out. how to tie
their. sandals! We had an art form
when the Egyptians were still
painting people sideways! .. . and
it sits in basements, or. in glass

cages -under: swatchful .white-eyes.

‘Leaders from Ottawa’ say’ they ~
want: more community
involvement in museums, in
culture. They even talk of
travelling displays which will visit
all communities to allow
Canadians to share in. their
heritage — to allow white men to
see OUR heritage in their cities
while our children are left with
nothing!

OUR OWN MUSEUMS.

Why don’t they build some
museums on our land, in our

- communities? We have never. been

so selfish and narrow-minded as to
refuse to allow them to visit
(Maybe, if we. had, there wouldn’t
have been so many of them come
and stay!)

With museums on Indian land,
with Indian staff everyone would
benefit. Our children would grow
up knowing there is more to being
an Indian than Japanese beads and
Hollywood feathers. And the
Indian museum guides could
explain, at least, that the totem
poles were not objects of worship,
nor were the figures represented
supposed to be gods.

If there is money available for
museums to store stolen work, then
there is money available for
museums to be built where that
work belongs. With the children
and grandchildren of the artists:

‘who represented a culture and

society which has not, despite all
efforts, conveniently died.

_THEVARGE ACCLAIMED

D’ARCY (Staff) — The Anderson
Lake Band elected Art Thevarge
Jr. as chief by acclamation in a
meeting held recently to nominate
members of the band council.

Nominated for councillors: are:
Norman Barney, Wilfred: Louie,
Fidel -Major,: Kenneth. Patrick,
Lorraine ‘Peters; ‘James, Laura,
and Maurice Thevarge.: =:

Elections will be. held on March
2, from 9:00 a.m. to 6:00. p.m. Polls
will be open till-8:00:..p.m: if
necessary. : ’

MERRITT (Special) — Four
straight wins gave Westsyde
Totems top henors recently in the
annual ~-Moccasin Hockey
Tournament held in Merritt. ;

Totems, a club from the Vernorr
area, defeated Quilchena Braves in
the final game of the tournament
and took home the top prize money
of $250.

The Braves, who were no match
for the well-balanced Totems,
losing 18-8 in the final .game,
collected $150 for second place,

while third place Oliver picked up.

$75.

Eight clubs took part “in the
tournament which was held Feb. 3
and 4 and according to organizer
fans had plenty to cheer about.

Chase Warriors defeated Nicola

Soccer tournament
set April 20-22

VICTORIA — Easter weekend is
the date set for the 11th annual All-
Native Soccer. tournament
sponsored by the Songhees
Recreation Commission.

Games will be played at
Hampton Park from April 20 to 22.

Chehalis, winners of last year’s
Totem Cup, will be out to defend
the championship.

Dancers enjoy tour,

may return to Germany
VANCOUVER (Staff) — As a

result of the tour partially.

sponsored by the National Indian
Brotherhood, the Vancouver War
Dance Club. will -probably be
invited to perform in 1974-1975 in
Germany.

aTH MOCCASIN HOCKEY TOURNAMENT

Valley Braves 3-2 in the opening
contest, while Oliver breezed by
Bonaparte Shells 5-1 in the second
game.

WESTSYDE VS QUILCHENA

Fans on hand for the third game
got a preview of the final match,
when Westsyde and Quilchena met
for the first time. The Quilchena
team gave it everything they had,
but came out on the losing end of a
4-1 score.

In. the fourth game, Vernon
Stampeders scored four goals in
each of the second and _ third
periods and romped to a 8-2
decision over the Westbank, after
falling behind 1-0 in the opening
period.

The Totems handed the Chase
Warriors their first defeat of the

“‘We had very good reception. The a

people were very warm and kind. |

Indian people are highly respected
’ there,
member of a group that toured
Nuremberg, Duesseldorf, and
Essen, for two weeks in February.

The group included 20 dancers,
the Governor General’s Foot
Guard Brass Band, and a dance
corps of 18 Canadian-German
cultural group.

NIB Vice-President Omer Peters
and the reigning Indian Princess of
Canada, Linda Opoonechow,
accompanied the troupe.

In Nuremberg some people cried
when they said. goodbye to the
troupe, and in. Duesseldorf the
police could hardly stop the people
who overwhelmed the dancers with
requests for autographs.

Philips recalled that everywhere

they were treated ‘‘too good” and @

he was amazed to discover ‘that
German people recognized: and
practiced North American Indian
art and culture. .

“They think that Indian people
are close to nature, and their
intérest in us is connected with
their trying to perserve nature,
like saving old trees,” Philips
suggested.

The troupe members were also
given records, trophies, pins,
books, medals, and rare wine in
memory of their tour. .

The group from the west, beside
Philips, included Mark Point,
Victor Pierre, Ray Peter, Clara
Jack, Sophie Lezard, Alec
Scaplock, and Philip Little Chief.

_ BCNITA Bursaries

Native Indian students wishing
to continue their education beyond
secondary school are urged to
apply for the First Citizens’ Fund
Incentive Bursary.

Application forms are available
at the Union of B.C. Indian Chiefs
office or by writing to B.C. Native
Indian Teachers’ Association, c/o
Room 106, Brock Hall, University
of B.C., Vancouver: 8, B.C.

” reported Ernie Philips, a Simm : se a‘ SS :
WESTSYDE TOTEMS beat: Quilchena Braves in the final to win
Moccasin Hockey. Tournament.
awards: Lane Marchand for best forward, and the Totem coach for best

Player. trophy, donated by Valnicola Hotel.
~ Pentecost presents trophy.

Totems also won

tournament in the fifth game,
posting a 5-0 shutout, while
Bonaparte was knocked to. the
sidelines in the double knockout
affair in the sixth game, losing 2-1
to Nicola Valley.

While the sixth game might have
been close, the seventh one wasn’t.
Two southern Okanagan squads
met, with Oliver ousting Westbank
on the strength of a 9-3 shellacking.

The eighth game between
Quilchena and Vernon rapped up
the-first day’s activities, but was
rather one-sided as the Braves
coasted to a 10-3 decision.

The following morning, the
Warriors from Chase were
knocked from further competition
by the Braves, losing 8-0, while
Vernon hammered Nicola Valley
Braves 9-4 in the tenth contest.

two individual

ANDY VEDAN of the Vernon Stampeders receives Most Gonsaaatlite

Hotel owner Roger

(Photo courtesy of Merritt Herald)

LOPSIDED SCORES

The lopsided scores continued in
the 11th game, with Westsyde
winning 11-2 over previously
unbeaten Oliver, while Vernon
Stampeders packed their bags
after-a 12-0 whipping at the hands
of the Braves in the 12th contest.

“In the semi-final game, the
Braves posted an easy 7-1 win over
the Oliver team, setting the stage
for the final encounter.

Individual awards, handed out
after the final game were to:

Newman Gottfriedson, Westsyde
Totems — Grasslands Hotel
trophy, best defenceman.

Lane Marchand, Westsyde
Totems — Spaner and Webb
trophy, best forward.

Andy: Vedan, Vernon

Nestsyde Totems take championship

‘Stampeders — Valnicola Hotel
award, most sportsmanlike player.

FOURTH TROPHY

Ed Bannatyne, Quilchena
Braves — Coldwater Hotel trophy,
highest scorer; he also received his
fourth trophy as the most valuable
player.

John Martin, Oliver — Lower
Nicola Band award, most popular
player. |

Melvin George, Oliver — best
goalie.

The Westsyde Totems coach was
chosen for best coach award
donated by the Grand Hotel.

The Westbank team received the
group award for. the. most
sportsmanlike team. donated by
Lake Cattle Co.

coach. The team from Vernon won the Pooley Bros. Championship
trophy formerly held by the Fort St. James Club.

(Photo courtesy of Merritt Herald)

Claude Jackson.

CLIFF STIRLING of the Nicola Valley Braves receives Best Defense-
man trophy donated by Jackson’s Welding. Presenting the trophy is
(Photo courtesy of Merritt Herald)

Informal art contest opened

VANCOUVER (Staff) — The
B.C. Native indian Teachers
Association has announced an
informal art contest for Indian
secondary school students.

Students are encouraged to
submit drawings and paintings but
other types of art work as carvings
and sculptures will be considered.

Students entering drawings or
paintings may use any type of
surface (canvas, thin board,
drawing paper, etc.) but the
minimum size acceptable is
18”’ x 22’.

Indian designs or themes are not

prerequiste but will be given
special consideration.

The purpose of the contest is ‘‘to
encourage Indian students to show
their skills and to give a province-
wide representation of Indian
people through art work.”

Prizes of up to $50.00 will be
offered for the winning entries
which will be displayed in the
Indian Education Resources
Centre and in offices of other
Indian organizations in the
Vancouver area.

All other entries will be returned.

Students wishing to enter should
submit their work by March 30,
1973, to the Indian Education
Resources Centre, Room 106,
Brock Hall, University of B.C.,
Vancouver 8, B.C.

Wanted:
Child Care Counsellors

invited’ for one ‘or two CHILD CARE
COUNCILLOR POSITIONS (Grade 1,-$550 per month) for a

Applications are

halfway house for Woodlands

capacity for eight residents, will be staffed by six counsellors. The

job is not live-in.

Applicant (man or woman) must be able to work with young
people of both sexes, with minimal mental and or physical
handicaps and with a large proportion of non-Indians.

Applicant in mid-20’s with high school at least preferred,

Please write immediately to:

residents. The Home, with a

MERLA RENIHAN,
WOODLANDS SCHOOL
9 East Columbia Street,
New Westminster, B.C,
or phone 521-2611

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Union of BC Indian Chiefs Historic Newsletters